Wisconsin OWI Penalties
Implied Consent Laws
Laws involve drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include obligatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Wisconsin, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this corroboration is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Wisconsin, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more harsh punishment for those convicted of DUI with a predominantly high blood-alcohol content at the point of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Wisconsin.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Wisconsin’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Wisconsin, for the former DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The penalty of vehicle confiscation for DUI conviction – either permanently or temporarily - is a prospect in some states, ordinarily for repeat offenders. This is not a penalty option in Wisconsin.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an alternative in Wisconsin.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug dependence can be required for DUI offenders in Wisconsin. These steps are often optional instead of serving a sentence of incarceration or paying fines.
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